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(영문) 수원지방법원 2020.12.17 2020고단5992
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On March 12, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On 00:32 on 19.19. 208, the Defendant driven the EfranxG car under the influence of alcohol concentration of approximately 0.10% in the section of about 100 meters from the front road in Suwon-si B, Suwon-si, to the front road of the D apartment after the Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), records on the measurement of drinking, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to a drunk driving, was also driving in this case at the same time, and the blood alcohol concentration level at the time was not lowered. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the above previous department is ten years prior to the previous department, and there is no criminal record yet exceeding the fine, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, driving circumstances, distance, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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